1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you when you order our products online, over the telephone, in person at our Sales Office or by email.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms (and the policies referred to therein) constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
2 Information about us and how to contact us
2.1 Who are we. We are Exmoor Trim Limited a company registered in England and Wales. Our company registration number is 04352392 and our registered office is at Exmoor Trim Ltd, Trakkers House, Roughmoor Industrial Estate, Williton, Somerset, TA4 4RF. Our registered VAT number is 634658321.
How to contact us. You can contact us by:
1. telephoning our customer service team at 01984 635060; or
2. by writing to us at firstname.lastname@example.org.
Our customer service phone is open from 8:00am to 5:00pm Monday to Thursday and 8:00am to 2:00pm on a Friday.
2.2 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2.4 Our Opening Times (UK Time):
Exmoor Trim ‘Office' opening times:
Monday to Thursday: 8.00am to 5.00pm
Friday: 8.00am to 2.00pm
3 Our contract with you
3.1 How we will accept your order if you are a mainland UK customer. Our acceptance of your order will take place when we email you to accept it or email an order confirmation, at which point a contract will come into existence between you and us. If you are an overseas customer or non-mainland UK customer, a contract will come into existence between you and us when you inform us that you accept the estimated delivery charges notified by us to you. Please see clause 7.1 for more information.
3.2 How we will accept your bespoke orders. All bespoke orders will require clarification through the sales office and with our simple “Bespoke Order Form”. This helps to ensure we get it right and gives you a clear view of how we understand your order and is signed off by you before we manufacture. For bespoke orders a contract will come into existence between you and us when we accept your completed bespoke order form. Special terms apply to the purchase of bespoke products, in particular please pay close attention to clauses 5, 8.4.1, 9.2 and 14.7.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. If you have already paid for your order in full or in part, we will refund all sums paid in relation to that order within 14 days. We might be unable to accept your order because you are located in a country where our sales are processed exclusively through an authorised distributor, the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4 Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images in line with commercial tolerances.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5 Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If you have ordered a bespoke product, we are unable to make changes to the product or cancel production once we have accepted your order.
6 Our rights to make changes
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, we may make more significant changes to these terms or the product. If we need to make such a change after we have accepted your order, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received or accept the change.
7 Providing the products
7.1 Delivery costs.
7.1.1 For mainland UK orders. Our delivery costs are outlined on our website (Delivery Charges | Exmoor Trim). The costs of delivery will be displayed to you on our website on the payment page unless customer collection has been selected.
7.1.2 For overseas customers and non-mainland UK customers orders. Within two business days of receipt of your order we will contact you to discuss delivery options and provide you with an estimated delivery charge. You will then have the option to confirm or cancel the order or confirm the order but elect to make your own collection and delivery arrangements. You may be required to forward a VAT deposit payment inline with UK Government guidelines. PLEASE NOTE due to external factors beyond our control the price of shipping and delivery may fluctuate after the date we provided estimated costs. We reserve the right to pass on any excess delivery fees beyond the estimated costs provided at the date of delivery. We will aim to notify you as soon as possible if we need to make any amendments to the delivery costs.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will aim to dispatch them to you as soon as reasonably possible (normally within 2 working days) or we will contact you to agree a delivery date which will be within 30 days unless the product is out of stock or we have notified you that the product lead time is in excess of 30 days (please see clause 7.4).
7.3 Some of our products have a lead time for their manufacture. The estimated lead time for our products will be as advertised in the product description on our website or as subsequently notified to you in writing. Where there is a product lead time, every effort will be made to adhere to the lead time given but such lead time is an estimate only. If we are unable to provide the product within the estimated lead time we will contact you as soon as possible to inform you of the revised anticipated dispatch date, to offer you an alternative product or give you the option to end the contract and receive a refund for relevant products.
7.4 If a product is out of stock. Though, and as outlined above in clause 7.2, we ship orders as soon as reasonably possible, if an item is not in stock at the time your order is received it may be necessary for us to manufacture that item or order the item in from one of our suppliers before it can be dispatched. Where this is the case, we will either advertise this on our website or we will contact you as soon as possible to inform you of the anticipated dispatch date, to offer you an alternative product or give you the option to end the contract and receive a refund for relevant products.
7.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.6 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during the office opening times (please see clause 2.4 for exact times).
7.7 If you are not at your delivery address when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our couriers will notify you how you can rearrange delivery or where you can collect your products from.
7.8 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, and after 14 days, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.9 Quantity of products delivered. The quantity of any consignment of the products as recorded by us on a delivery note shall be conclusive evidence of the quantity received by you on delivery unless you provide evidence to the contrary. Non delivery, damage and shortages should be reported in writing within 14 days of the date of the invoice.
7.10 When you become responsible for the goods. A product will be your responsibility from the time we receive full payment from you and we deliver the product to the address you gave us, or you or a carrier organised by you collect it from us.
7.11 When you own the products. You own a product once we have received payment in full and you have received your order.
7.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name and address and, where relevant, bespoke product specifications. Where we require certain information, this will have been stated in the description of the products on our website or during the order process. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 10.2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8 Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 and 13 if you are a consumer and clause 12 if you are a business;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to receive a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any goods.
8.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for sums already paid in relation to relevant products. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2).
8.2.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control or because there is a lead time of more than 30 days which you were not aware of prior to placing your order or when your order was confirmed.
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online, you have a legal right to change your mind within 14 days (the "cooling-off" period) and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
8.4.1 bespoke products which have been custom-made to your specification (unless they are faulty), including
bespoke trim items (e.g., leather, cloth or vinyl that differs from our advertised rage in stitch colour, panel colour or configuration).
8.4.2 Any seatbelts or other safety mechanism.
8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
8.5.1 You will generally have 30 days after the day you (or someone you nominate) receives the goods, unless:
220.127.116.11 Your products are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery.
8.6 Ending the contract where we are not at fault and there is no right to change your mind (for businesses). Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may not be entitled to a full or partial refund. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9 How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone. Call customer services on +44 (0)1984 635 060; or
9.1.2 Email. email@example.com.
Please provide your name, address, details of the order and, where available, your phone number and email address.
9.2 If you want to cancel your order. You are able to do so as long as we have not started manufacture or it is not a bespoke product.
9.3 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please follow the procedure outlined below:
9.3.1 before returning any products, you should first contact us, using the details set out at clause 2.2, to get a Return Material Analysis (RMA) number from us.
9.3.2 on receipt of a RMA number, you must either return the goods in person to us, post them back to us at Exmoor Trim Ltd, Trakkers House, Roughmoor Industrial Estate, Williton, Somerset, TA4 4RF or (if they are not suitable for posting) allow us to collect them from you. Please call customer services (contact details at clause 2.2 ). Please note you will be responsible for any fees we incur for the collection of the goods (unless any of the scenarios in clause 9.4 applies). If you are a consumer exercising your right to change your mind you must send off the goods within 30 days of telling us, you wish to end the contract.
9.4 When we will pay the costs of return. We will pay the costs of return:
9.4.1 if the products are faulty or misdescribed.
9.4.2 if you are returning a product covered by the Product or PVC Hood Warranties (please see clause 12); and
9.4.3 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.5 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.6 How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the products by the method you used for payment. The delivery cost will only be refunded if the goods are returned under a warranty claim or because the goods have not been delivered. However, we may make deductions from the price, as described below.
9.7 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
9.7.1 On the return of the goods, we will carry out a full inspection of them. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page (https://www.exmoortrim.co.uk/returns).
9.7.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then:
9.8.1 If we have not offered to collect the goods from you, your refund will be made within 14 days from the day on which we receive the product back from you and we have carried out an inspection of the product. For information about how to return a product to us, see clause 9.3.
9.8.2 In all other cases, your refund will be made within 14 days of receiving your returned order at Exmoor Trim and following our inspection.
10 Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your name, contact details, product specification; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product.
11 If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0)1984 635 060 or write to us at firstname.lastname@example.org and Trakkers House, Roughmoor Industrial Estate, Taunton, Somerset, TA4 4RF.
12 PRODUCT WARRANTIES
12.1 For both businesses and consumers, we provide a one-year manufacturer's warranty from the date of delivery (Manufacturer's Warranty Period). We also offer a separate PVC Hood Warranty, please see clause 12.7. In addition, if you are a consumer, you have additional statutory rights in respect of defective products which are outlined in clause 13. Under our manufacturer's warranty we warrant that any products which are goods shall:
· conform in all material respects with their description and any relevant specification.
· be free from material defects in design, material and workmanship.
· be fit for any purpose held out by us.
· and if you are a business customer, be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
12.2 Subject to clause 12.4, if:
12.2.1 you give us notice in writing during the Manufacturer's Warranty Period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1;
12.2.2 we are given a reasonable opportunity of examining such product; and
12.2.3 you return such product to us at our cost,
we shall, at our (or the manufacturers, where applicable) option, repair or replace the defective product, or refund the price of the defective product in full. Please see our returns page (Returns | Exmoor Trim) for further information.
12.3 To make a claim under the warranty:
12.3.1 You should firstly notify us in writing of your intention to claim under the Manufacturer's Warranty Period and to obtain a Return Material Analysis (RMA) number from using the contact details at clause 2.2.
12.3.2 The products should be returned to us at the address stated at clause 9.
12.3.3 For international customers. At our discretion we may accept photographic evidence to support any warranty claim instead of a return of the product(s). Please contact us in the first instance to discuss this.
12.4 We will not be liable for a product's failure to comply with the warranty in clause 12.1 if:
12.4.1 you make any further use of such product after giving a notice in accordance with clause 12.2.1.
12.4.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice.
12.4.3 you alter or repair the product without our written consent; or
12.4.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.5 If you are a business, except as provided in this clause 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 12.1.
12.6 These terms shall apply to any repaired or replacement products supplied by us under clause 12.2.
12.7 PVC Hood Warranty.
In addition to the manufacturer's warranty, we also offer a limited three-year warranty (from the date of dispatch from Exmoor Trim) for PVC hoods (PVC Hood Warranty Period). This limited warranty applies to certain products and a list of the relevant part numbers is available on request (PVC Hood Warranty):
Under our PVC Hood Warranty, we warrant that any products:
12.8.1 conform in all material respects with their description and any relevant specification.
12.8.2 be free from material defects in design, material and workmanship.
12.8.3 be fit for any purpose held out by us;
12.8.4 and if you are a business customer, be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
12.9 Subject to clause 12.11, if:
12.9.1 you give us notice in writing during the PVC Hood Warranty Period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.8;
12.9.2 we are given a reasonable opportunity of examining such product; and
12.9.3 you return such product to us (we will cover the costs of returns at our discretion within 36 months from the date of dispatch from Exmoor Trim).
we shall, at our (or the manufacturers, where applicable) option, repair or replace the defective product, or refund the price of the defective product in full.
12.10 To make a claim under the warranty:
12.10.1 You should firstly notify us in writing of your intention to claim under the Manufacturer's Warranty Period and to obtain a Return Material Analysis (RMA) number from using the contact details at clause 2.2.
12.10.2 The products should be returned to us at the address stated at clause 9.
12.10.3 For international customers. At our discretion we may accept photographic evidence to support any warranty claim instead of a return of the product(s). Please contact us in the first instance to discuss this.
12.11 We will not be liable for a product's failure to comply with the warranty in clause 12.8 if:
12.11.1 you make any further use of such product after giving a notice in accordance with clause 12.9.1;
12.11.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice.
12.11.3 the defect arises as a result of a natural disaster or some other unforeseen event.
12.11.4 the product is lost through theft or misplaced after the date of delivery.
12.11.5 you alter or repair the product without our written consent; or
12.11.6 the defect arises as a result of fair wear and tear, wilful damage, negligence, poor handling or abnormal working conditions.
12.12 If you are a business, except as provided in this clause 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 12.8.
12.13 These terms shall apply to any repaired or replacement products supplied by us under clause 12.9.
13 Your rights in respect of defective products if you are a consumer
13.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
13.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, depending on where you purchased the product you have two options. For a purchase from a distributor, you must contact your supplier in the first instance. For all purchases direct from Exmoor Trim, please contact our sales department directly to obtain an RMA number (Return Merchandise Analysis), you may either return them in person, post them back to us or (if they are not suitable for posting) or allow us to collect them from you.
13.3 We will pay the costs of postage or collection for defective products. Please call customer services on +44 (0)1984 635 060 or email us at email@example.com to request a return label or to arrange collection.
13.4 Warranties on our products. As well as the above legal rights to reject, some of our products also contain individual warranties. Please see clause
14 Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT unless expressly stated otherwise on the product page) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 14.5 for what happens if we discover an error in the price of the product you order. Our prices do not include fitting of any products or delivery. Please see clause 7.1 for more information about the delivery costs.
14.2 For international customers. For international exports we are not obliged to charge UK VAT (provided that certain legal conditions are satisfied). However, please be aware that with any international export you may still be liable to pay local sales taxes, together with any applicable import duties and/or clearance duties, as we take no responsibility for these charges.
14.3 Importer of record. By entering into this contract with us you understand that you will take the responsibility of being the "importer of record". You will also be responsible for assuring that the product can be lawfully imported to the destination, and therefore that you need to comply with all applicable laws, regulations, certifications and rules of the destination into which you import the merchandise. For international consumers. Exmoor Trim manufactures their products to meet the standards required by UK law. We cannot guarantee that the products will meet the laws, regulations and certifications of any country outside the United Kingdom.
14.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay.
14.5 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. Additionally, market fluctuations or any other factor that we deem appropriate may mean that we need to change the price of our products from time to time. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.6 When you must pay and how you must pay. We accept payment through:
14.6.1 On our website:
18.104.22.168 all major credit and debit cards (Not Amex)
14.6.2 Non-website transactions (including over the telephone and email):
22.214.171.124 all major credit and debit cards (Not Amex). Cash is accepted within the legal limits for purchases made at our premises
126.96.36.199 bank transfers (funds must be paid in GBP).
188.8.131.52 UK bankers' drafts but funds must clear before we can either proceed with manufacture or dispatch a stock item; and
184.108.40.206 personal or business cheques but funds must clear before we can either proceed with manufacture or dispatch a stock item.
14.6.3 For certain regular trade customers, we may also agree to set up a credit account. If such a credit facility is offered, payment must be made within 30 days End of Month except where otherwise agreed in writing by us.
14.6.4 PayPal payments for Credit accounts: Please note we will NOT accept PayPal payments for any credit account due to the high charges applied by PayPal.
14.7 Unless you hold a credit account with us, you must pay for the products before we dispatch them. If you are a consumer this will be at the point of ordering the products. All bespoke orders require payment in full prior to manufacture.
14.8 We reserve the right to refuse acceptance of payment details if we think they are being used fraudulently.
14.9 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.10 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.11 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15 Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 13.1 and for defective products under the Consumer Protection Act 1987
15.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
15.4 We are not liable for business losses. If you are a consumer, we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16 Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
16.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable).
16.1.2 fraud or fraudulent misrepresentation.
16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
16.1.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 12 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
16.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
16.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of: (1) £2,000; or (2) one hundred and fifty percent (150%) of the total sums paid by you for products in the 12 months preceding the event giving rise to the claim under these terms.
16.3.3 How we may use your personal information
How we will use your personal information. We will only use your personal information as set out in our https://www.exmoortrim.co.uk/privacy-policy.
17 Other important terms
17.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live outside the United Kingdom, you and we both agree that the courts of England and Wales will have jurisdiction.
17.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
17.8 Tik Tok Competition Terms & Conditions:
1- The promoter is: Exmoor Trim Ltd
2- The competition is open to residents of the United Kingdom and outside the United Kingdom, but delivery charges may apply.
3- There is no entry fee and no purchase necessary to enter this competition.
4- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
5- Route to entry for the competition and details of how to enter are via Exmoor Trim’s Tik Tok account.
6 - Entrants must be 18+
7- Closing date for entry will be 31/10/23. After this date the no further entries to the competition will be permitted.
8- No responsibility can be accepted for entries not received for whatever reason.
9- The rules of the competition and how to enter are as follows:
- Follow Exmoor Trim Tik Tok account
- Tag a friend in the comments before 23:59 (BST) on 31/10/2023.
- Each comment with a tagged friend counts as an entryEach comment with a tagged friend counts as an entry
10- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
11- The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
12- The prize is as follows:
- Black Cool N Vintage Package - a set of seats and cubby box
The prize is as stated, and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability, and we reserve the right to substitute any prize with another of equivalent value without giving notice.
13- Winners will be chosen at random by software, from all entries received and verified by Promoter.
14- The winner will be notified by email and/or DM on Tik Tok within 28 days of the closing date. The winner will only ever be contacted by Exmoor Trim. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
15- The promoter will notify the winner when and where the prize can be collected / is delivered.
16- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
17- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
18- The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
19- The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner, or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
20- Entry into the competition will be deemed as acceptance of these terms and conditions.
WHAT WE COLLECT
We may collect the following information:
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
For the exhaustive list of cookies, we collect see the List of cookies we collect section.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. We may e-mail you regarding the specifics of your order but we will not e-mail you any marketing material in the future unless you have given us your explicit consent or signed up to our news letter or linked into our Facebook page. We will not pass on your information to any third party. The type of information we will collect about you includes:
• Your name
• Your address
• Your phone number
• Your email address
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and all rules enabling us to be PCI DSS compliant. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. If you have any questions/comments about privacy, you should contact us.